Disch v. Timm
Wisconsin Supreme Court
Appeal from a judgment of the superior court of Milwaukee county: Geo. E. Shtheelaud, Judge. They argued, inter alia, that there was no proof of actual fraud, which was the ground for relief alleged in the bill. Fraud must be proved, and is never to be presumed. Cooper v. Reill/y, 90 Wis. 421. In this case the existence of positive fraud is strongly negar tived by the testimony of defendants, which is undisputed.
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Appeal from a judgment of the superior court of Milwaukee county: Geo. E. Shtheelaud, Judge. They argued, inter alia, that there was no proof of actual fraud, which was the ground for relief alleged in the bill. Fraud must be proved, and is never to be presumed. Cooper v. Reill/y, 90 Wis. 421. In this case the existence of positive fraud is strongly negar tived by the testimony of defendants, which is undisputed. Conger v. JDmgman, 98 Wis. 417; Bwrnham v. Norton, 100 id. 8. A deed from husband to his wife is in its nature meritorious, and does not per se raise any presumption of fraud or…
1Opinion of the Court
Cassoday, C. T.
This action was commenced January 21, 1897, by the plaintiffs, as heirs at law of August Timm, who died June 5, 1896, to set aside a certain deed from August Timm and his wife to the defendant Snyder A. Visey, executed March 9, 1896, and also to set aside a certain other deed executed by Snyder A. Visey and wife to Bora Timm, March 10, 1896, on the grounds that, at the time of executing such deeds, August Timm had not mental capacity to do business, and that he was induced to execute such deed *181to Visey by fraud and undue influence. The complaint alleges the requisite facts in…
2Cases cited21 opinions
- Woodbury v. WoodburyMassachusetts Supreme Judicial Court · 1886
- In re the Probate of the Will of JackmanWisconsin Supreme Court · 1870
- Sears v. . ShaferNew York Court of Appeals · 1852
- Davis v. DeanWisconsin Supreme Court · 1886
- Crispell v. DuboisNew York Supreme Court · 1848
16 more not listed; retrieve them via the Exa API.
3Cited by30 opinions
- Ludington v. PattonWisconsin Supreme Court · 1901
- Patterson v. JensenWisconsin Supreme Court · 1944
- Will of Ball v. BostonWisconsin Supreme Court · 1913
- Small v. ChampenyWisconsin Supreme Court · 1899
- Fischer v. SperlSupreme Court of Minnesota · 1905
25 more not listed; retrieve them via the Exa API.